62058 Federal Register / Vol. 71, No.
204 / Monday, October 23, 2006 / Rules and Regulations
the Department generally must prepare
a written statement, including a cost/
benefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures to State, local, or
tribal governments in the aggregate, or
to the private sector, of $100 million or
more in any one year. When such a
statement is needed for a rule, section
205 of the UMRA generally requires the
Department to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
more cost-effective or least burdensome
alternative that achieves the objectives
of the rule.
This rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) that
impose costs on State, local, or tribal
governments or to the private sector of
$100 million or more in any one year.
This rule is, therefore, not subject to the
requirements of sections 202 and 205 of
the UMRA.
Executive Order 12372
The Child and Adult Care Food
Program is listed in the Catalog of
Federal Domestic Assistance under No.
10.558. For the reasons set forth in the
final rule in 7 CFR part 3015, Subpart
V and related Notice published at 48 FR
29114, June 24, 1983, this program is
included in the scope of Executive
Order 12372, which requires
intergovernmental consultation with
State and local officials.
Executive Order 13132
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulation describing the agency’s
considerations in terms of three
categories called for under section
(6)(b)(2)(B) of Executive Order 13132.
FNS has considered the impact of this
rule on State and local governments and
has determined that this rule does not
have federalism implications. This final
rule does not impose substantial or
direct compliance costs on State and
local governments. Therefore, under
Section 6(b) of the Executive Order, a
federalism summary impact statement is
not required.
Executive Order 12988
The rule has been reviewed under
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Executive Order 12988, Civil Justice
Reform. This rule is intended to have
preemptive effect with respect to any
State or local laws, regulations, or
policies which conflict with its
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provisions or which would otherwise
impede its full implementation. This
rule is not intended to have retroactive
effect unless so specified in the Dates
paragraph of the rule. Prior to any
judicial challenge to the provisions of
this rule or the application of its
provisions, all applicable administrative
procedures must be exhausted. In the
Child and Adult Food Care Program, the
administrative procedures are set forth
at 7 CFR 226.6(k), which establishes
appeal procedures and 7 CFR 226.22
and 7 CFR parts 3016 and 3019, which
address administrative appeal
procedures for disputes involving
procurement by State agencies and
institutions.
Civil Rights Impact Analysis
FNS has reviewed this final rule in
accordance with the Department
Regulation 4300–4, ‘‘Civil Rights Impact
Analysis,’’ to identify and address any
major civil rights impacts the rule might
have on minorities, women, and persons
with disabilities. After a careful review
of the rule’s intent and provisions, FNS
has determined that there is no negative
effect on these groups. All data available
to FNS indicate that protected
individuals have the same opportunity
to participate in the CACFP as non-
protected individuals. Regulations at 7
CFR 226.6(f)(1) require that CACFP
institutions agree to operate the Program
in compliance with applicable Federal
civil rights laws, including title VI of the
Civil Rights Act of 1964, title IX of the
Education amendments of 1972, Section
504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, and
the Department’s regulations concerning
nondiscrimination (7 CFR Part 15, 15a,
and 15b). At 7 CFR 226.6(m)(1), State
agencies are required to monitor CACFP
institution compliance with these laws
and regulations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; see 5 CFR 1320)
requires that the Office of Management
and Budget (OMB) approve all
collections of information by a Federal
agency from the public before they can
be implemented. Respondents are not
required to respond to any collections of
information unless it displays a current
valid OMB control number. The rule
does not contain any information
collection requirements subject to
approval by OMB under the Paperwork
Reduction Act of 1995.
E-Government Act Compliance
FNS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
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information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
List of Subjects in 7 CFR Part 226
Accounting, Aged, Day care, Food
assistance programs, Grant programs,
Grant programs—health, American
Indians, Individuals with disabilities,
Infants and children, Intergovernmental
relations, Loan programs, Reporting and
recordkeeping requirements, Surplus
agricultural commodities.
PART 226—CHILD AND ADULT CARE
FOOD PROGRAM
Accordingly, the interim rule
amending 7 CFR part 226, which was
published at 70 FR 43259 on July 27,
2005, is adopted as a final rule without
change.
Dated: October 13, 2006.
Roberto Salazar,
Administrator, Food and Nutrition Service.
[FR Doc. E6–17640 Filed 10–20–06; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–06–051]
RIN 1625–AA09
Drawbridge Operation Regulations;
Saugus River, Lynn and Revere, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard has
temporarily changed the drawbridge
operation regulations that govern the
operation of the General Edwards SR1A
Bridge, mile 1.7, across the Saugus
River, between Lynn and Revere,
Massachusetts. This temporary final
rule allows the bridge to remain in the
closed position from November 1, 2006
through April 30, 2007. This action is
necessary to facilitate structural
maintenance at the bridge.
DATES: This rule is effective from
November 1, 2006 through April 30,
2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (CGD01–06–051) and are
available for inspection or copying at
the First Coast Guard District, Bridge
Branch Office, 408 Atlantic Avenue,
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 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Rules and Regulations
Boston, Massachusetts, 02110, between
7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
John McDonald, Project Officer, First
Coast Guard District, (617) 223–8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This shortened notification
period is reasonable because the bridge
repairs facilitated by this temporary
final rule are vital, necessary repairs
that must be performed in order to
assure the continued safe and reliable
operation of the bridge.
The time period selected to make the
necessary repairs, November 1, 2006
through April 30, 2007, is the earliest
time period that the work can be
performed without disrupting the
marine transportation system.
On July 11, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations’’; Saugus River, Lynn and
Revere, Massachusetts, in the Federal
Register (71 FR 39028). We received no
comments in response to the notice of
proposed rulemaking. No public hearing
was requested and none was held.
Background and Purpose
The General Edwards SR1A Bridge at
mile 1.7, across the Saugus River, has a
vertical clearance of 27 feet at mean
high water and 36 feet at mean low
water. The existing regulations at 33
CFR 117.618(b) required the draw to
open on signal, except that, from April
1 through November 30, midnight to 8
a.m. an eight-hour notice is required.
From December 1 through March 31, an
eight-hour notice is required at all times
for bridge openings.
The bridge owner, the Department of
Conservation and Recreation (DCR),
asked the Coast Guard to temporarily
change the drawbridge operation
regulations to allow the bridge to remain
in the closed position from November 1,
2006, through April 30, 2007, to
complete structural rehabilitation
construction at the bridge. The bridge
was closed during the same time period
from November 2005 through April
2006, to perform the first phase of this
rehabilitation work. Work could not be
completed during the closure period in
2005–2006, necessitating a second
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closure period in 2006–2007.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the notice of
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proposed rulemaking and as a result, no
changes have been mace to this
temporary final rule.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3), of
that Order. The Office of Management
and Budget has not reviewed it under
that Order.
This conclusion is based on the fact
that the bridge rarely opens during the
November through April time period.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b), that this rule will not
have a significant economic impact on
a substantial number of small entities.
This conclusion is based on the fact
that the bridge rarely opens during the
November through April time period.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process.
No small entities requested Coast
Guard assistance and none was given.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for now new collection
of information under the Paperwork
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62059
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 62060 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Rules and Regulations
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
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VerDate Aug<31>2005 14:14 Oct 20, 2006 Jkt 211001
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction, from further
environmental documentation
considering that it relates to the
promulgation of operating regulations or
procedures for drawbridges. Under
figure 2–1, paragraph (32)(e), of the
instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
PO 00000 Frm 00004 Fmt 4700 Sfmt 4700
■ For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
■ 1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
■ 2. From November 1, 2006 through
April 30, 2007, § 117.618(b) is
suspended and a new paragraph (d) is
added to read as follows:
§ 117.618 Saugus River.
* * * * *
(d) The draw of the General Edwards
SR1A Bridge at mile 1.7, need not open
for the passage of vessel traffic from
November 1, 2006 through April 30,
2007.
Dated: October 13, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 06–8823 Filed 10–20–06; 8:45 am]
BILLING CODE 4910–15–M
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